CC Ordinance 1661ORDINANCE NO. 1661
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CAMPBELL EXTENDING THE INTERIM ZONING
DISTRICT ESTABLISHED BY ORDINANCE NO. 1654 FOR
THE PURPOSE OF INSURING REVIEW OF PROPOSED
CHANGES OF USE
The City Council of the City of Campbell does ordain as follows:
Section 1: The City Council of the City of Campbell finds that there is a
current and immediate threat to the public welfare from approval of additional
subdivisions, use permits, variances, building permits, or other entitlements
in the area described in the attached Exhibit A, unless all proposed changes of
use are reviewed by the City Council, in that:
(a) The area described in Exhibit A lies within a Redevelopment
District, which suffers from economic blight;
(b) The City of Campbell has retained the consulting firm of
Wurster, Bernardi and Emmons to conduct a land use and
economic feasibility study of the Exhibit A area in order to
alleviate the existing and potential economic blight.
(c) It is contemplated that the aforementioned study may likely
recommend amendments to the General Plan and/or Zoning in the
area of Exhibit A; and
(d) Change of use in the study area may be in conflict with the
results of the land use and economic feasibility study, and
thereby contribute to the economic blight of the area.
Section 2: The area described and shown in Exhibit A, attached hereto and
made a part hereof, is hereby established as an Interim Zoning District.
Section 3: The following temporary Interim Zoning regulations shall apply
to uses of properties within the area shown as Exhibit A:
(a) No change of use may occur on any property within the Interim
Zoning District without first obtaining approval from the
Campbell City Council.
(b) The City Council may deny any proposed change of use if such
change of use would be detrimental to the public health, safety
or welfare. In reaching its decision the City Council may
consider the impact of the proposed change of use on the economic
viability of the Interim Zoning District, the concentration of
similar uses in the area, the probable traffic and parking
impacts of the proposed use, the compatability of the proposed
use with other existing uses in the area, and the compatibility
of the proposed use with future development of the area.
(c) The City Council may conditionally approve a proposed change of
use subject to such reasonable conditions as may be necessary to
ensure that the proposed use will not be detrimental to the
public health, safety, or welfare.
Ordinance No.
Page 2
(d) "Change of Use," for purposes of this Interim Ordinance,
contemplates a change from one type of business or residential
use to another type of business or residential use, or change in
the services or accommodations offered on the property. A change
of use may exist even though it is a change from one commercial
use to another commercial use, or from one light industrial use
to another light industrial use. For example, such changes of
use may include, but are not limited to, a change from a bakery
to a restaurant, a change from professional offices to a beauty
shop, or a change from single family residence to a multifamily
residence.
Section 4: Except as provided herein, this Interim Ordinance is
supplemental to all other existing regulations, and is not intended to override
any other existing laws. If, however, these interim regulations are found to
conflict with any provisions of the Campbell Municipal Code, Revised, the
Interim Ordinance shall control.
Section 5: Nothing in this section shall prevent a property owner from
maintaining, or repairing damages to, existing buildings or structures.
Section 6: This ordinance shall be effective for a maximum period of four
(4) months, unless otherwise extended pursuant to California Government Code
Section 65858(a) or (b).
Section 7: This ordinance is adopted as an urgency measure by at least a
four -fifths vote of the City Council, and is in full force and effect at the
time Ordinance No. 1654 expires on October 2, 1987.
Section 8: If any section, subsection, sentence, clause, or phrase of this
ordinance is, for any reason, held by a court of competent jurisdiction to be
unconstitutional, such decision shall not affect the validity of the remaining
portions of this ordinance.
Section 9: This ordinance shall apply to all prospective developments or
proposed changes of use for which all necessary permits or approvals have not
been obtained prior to the adoption of this ordinance.
PASSED AND ADOPTED this 15th day of September 1987, by the following roll
call vote:
AYES Councilmembers: Podgorsek, Ashworth, Kotowski, Watson, Doetsch
NOES Councilmembers: None
ABSENT: Councilmembers: None
APPROVED: f�
R 1p Doetsch, Sr., Mar
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EXHIBIT A
AREA OF PROPOSED INTERIM ZONE
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